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Patna High Court

Rajdeep MandalversusSmt. Sharda Devi and Ors

Decided
Disposal
DISPOSED

Holding

The application is disposed of with a direction to the appellate court to expedite the pending appeal.

Summary

The petitioner filed a civil miscellaneous application seeking to set aside a June 12, 2017 order of the District Judge, Madhepura, which had allowed the respondent's petition under Order XLI Rule 5 and stayed the execution proceedings. Both parties appeared before the Patna High Court, and counsel agreed that the appeal arising from the execution case was ready for final hearing and should be expedited. The Court, without examining the merits of the underlying dispute, directed the appellate court to fast‑track the appeal and dispose of it within four months, urging cooperation from both sides. Consequently, the High Court disposed of the application, granting the requested direction. No substantive merits of the execution case were addressed in this order.

Issues considered

  • Whether the civil miscellaneous application for setting aside the District Judge's order can be disposed without adjudicating the merits of the underlying execution case
  • Whether the High Court can direct the appellate court to expedite the pending appeal

Subjects

  • civil miscellaneous jurisdiction
  • Order XLI Rule 5
  • execution decree
  • appeal expediting
  • court direction

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
          CIVIL MISCELLANEOUS JURISDICTION No.1325 of 2017
     ======================================================
     Rajdeep Mandal son of Sri Rameshwar Mandal, resident of Village- Chitti
     Pargana Nishankhpur, Kurha, P.O. and P.S. Madhepura, District- Madhepura.

                                                           ... ... Petitioner/s
                                     Versus
1.   Smt. Sharda Devi and Ors wife of Sri Thakur Prasad Mandal, resident of
     Village- Sahugarh Tola Bhatu, Pargana Nishakhpur, Kurha, P.O. and P.S.
     Madhepura, District Madhepura.
2.1. Manoj Kumar, Son of late Dashrath Yadav and Jahkiya Devi, Resident of
     Village- Amha, P.S. Pipra, District- Supaul.
2.2. Binod kumar, Son of late Dashrath Yadav and Jhakiya Devi, Resident of
     Village- Amha, P.S. Pipra, District- Supaul.
2.3. Shobha devi, D/o of Jhakiya Devi , Wife of Suresh Yadav, Resident of
     Mohalla- Surti Patti, P.S. Supaul, District- Supaul.
2.4. Shanti Devi, D/o of Jhakiya Devi, Wife of Satya Narayan yadav, Resident of
     Village- Aurahi, P.S. Gamhariya, District- Supaul.
2.5. Lalita Devi, D/o of Jhakiya Devi, Wife of Shivendra Yadav, Resident of
     Village Amha,P.S. Supaul, District- Supaul.
2.6. Kendula Devi, D/o of Jhakiya Devi, Wife of Dhirendra Yadav, Resident of
     Village- Jibachhpur,P.S. Dhailadh, District- Madhepura.
3.   Shambhu Kumar.
4.   Dilip Kumar Both sons of Birendra Yadav, Both resident of Village- Bakaur,
     P.S. Supaul, District Supaul.
5.1. Most. Savitri Devi, Wife of late Tarni Prasad Mandal, Resident of Village-
     Chitti, P.S. Dhailadh, District- Madhepura.
5.2. Arun Yadav, Son of late Tarni Prasad Mandal, Resident of Village- Chitti,
     P.S. Dhailadh, District- Madhepura.
5.3. Vijay Yadav, Son of late Tarni Prasad Mandal, Resident of Village- Chitti,
     P.S. Dhailadh, District- Madhepura.
5.4. Manjula Devi, D/o of late Tarni Prasad Mandal, Wife o Suresh Yadav,
     Resident of Village- Mukna, P.S. Supaul, District- supaul.
5.5. Meena Devi, D/o of late Tarni Prasad Mandal, Wife of Ramchandra Yadav,
     Resident of Village- Barhara Pargaha, P.S. Bihta, District- Saharsa.
5.6. Gheena Devi, D/o of late Tarni Prasad Mandal, Wife of Baijnath Yadav,
     Resident of Village Dighiya, P.S. supaul, District- Supaul.
5.7. Kari Devi, D/o of late Tarni Prasad Mandal, Wife of Viren Yadav, Resident
     of Village- Mohaniya, P.S. Supaul, District- Supaul.
6.   Surya Narain Mandal.
7.   Dipo Mandal.
8.   Bimal Mandal.
9.   Ashok Mandal.
Patna High Court C.Misc. No.1325 of 2017(15) dt.09-02-2026
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  10. Sadanand Mandal.
  11. Bidya Nand Mandal. All sons of Anant Mandal.
  12. Kritya Nand Mandal,
  13. Devanand Mandal,
  14. Geeta Devi,
  15. Ram Kumar Son of late Rita Devi and Yogendra Yadav, Resident of Village
  1. Sattar, P.S. Bihta, District- Saharsa.
  15. Laxman Kumar, Son of late Rita Devi and Yogendra Yadav, Resident of
  2. Village Sattar, P.S. Bihta, District- Saharsa.
  15. Beena Devi, D/o of Rita Devi and Yogendra Yadav, Wife of Rajendra Yadav,
  3. Resident of Village- Chiknotba,P.S. Chitti, District- Madhepura.
  15. Chunni Devi, D/o of late Rita Devi and Wife of Divakar Yadav, Resident of
  4. Village- Gauravgarh, P.S. Supaul, District- Supaul.
  16. Randhir Kumar.
  17. Subhash Kumar.
  18. Prabhash Kumar.
  19. Raman Kumar.
  20. Laltu Kumar. All sons of Late Ram Chandra Mandal.
  21. Shanti Devi, wife of Shyam Sundar Yadav, daughter of Late Ram Chandra
      Mandal. All resident of Village- Dumariya, P.S. and District Purnea.
  22. Poonam Kumari daughter of Late Ram Chandra Mandal.
  23. Baijnath Yadav.
  24. Bideshi Yadav.
  25. Bhupendra Yadav.
  26. Bambahadur Yadav.
  27. Shiv Ram Yadav. All sons of Late Sanbari Mandal.
  28. Shambhu Yadav, son of Late Dinesh Yadav.
  29. Shashi Devi, wife of Bedanand Yadav, daughter of Late Dinesh Yadav,
      resident of Village- Guriya, P.S. Jadia, District Supaul, resident of Village-
      Mokna, Pergana Uttarakhand, P.S. and District Saharsa.
  30. Surendra Yadav.
  31. Bahadur Yadav.
  32. Anirudh Yadav.
  33. Hareram Yadav. All sons of Late Sunar Yadav and Grandsons of Late Jahuri
      Yadav.
  34. Nagendra Yadav, son of Late Parmeshwari Yadav and grand son of Late
      Jahuri Yadav, resident of Village P.S. and District Saharsa.

                                                 ... ... Respondent/s
       ======================================================
       Appearance :
          Patna High Court C.Misc. No.1325 of 2017(15) dt.09-02-2026
                                                       3/4




                  For the Petitioner/s     :        Mr.Rakesh Kumar Chandram
                  For the Respondent/s     :        Mr.Nafisuzzoha
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                        ORAL ORDER

15   09-02-2026                  Heard learned counsel appearing on behalf of both the

                    parties.

                                 2. The instant civil miscellaneous application has been

                    filed for setting aside the order dated 12.06.2017 passed by

                    learned District Judge, Madhepura in TA No. 25 of 2017 by

                    which the petition filed by the respondent under Order XLI Rule

                    5 has been allowed and further proceeding of the Execution

                    Case No. 01 of 2017 arising out of Final Decree No. 12 of 1966

                    has been stayed till disposal of the appeal.

                                 3. After making some arguments learned counsel

                    appearing on behalf of both the parties are agreed on the point

                    that without going into the merits of the case, learned Appellate

                    Court may be directed to expedite the appeal because the appeal

                    is ready for the final hearing.

                                 4. In view of the aforesaid, without entering into the

                    merits of the case, learned Appellate Court is requested to

                    expedite the trial of Appeal No. 25 of 2017 pending before

                    learned District Judge, Madhubani and dispose of the same at

                    the earliest preferably within a period of four months. Both the

                    parties are also directed to co-operate in the trial of the appeal.
          Patna High Court C.Misc. No.1325 of 2017(15) dt.09-02-2026
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                                 5. With the aforesaid direction, the instant application

                    stands disposed of.



                                                (S. B. Pd. Singh, J)
Ankit Kumar/-

U


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